Neutral Citation No. - 2025:AHC:74079 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 16022 of 2025 Applicant :- Shivam Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dileep Kumar Shukla,Ashish Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Ashish Dwivedi, learned counsel for the applicant and Sri Manvendra Pratap Singh, learned A.G.A. for the State and perused the material on record. The present application under Section 528 BNSS has been filed to quash the entire proceedings of Session Trial No.257 of 2023 (State Vs. Shivam Kumar) arising out of Case Crime No. 322 of 2020, under Sections 411 and 413 of I.P.C., Police Station- Kotwali, District- Etawah, as well as cognizance/ summoning orders dated 25.9.2020, whereby the non-bailable warrant as well as proceedings under Section 82 Cr.P.C. have been initiated. Learned counsel for the applicant does not want to press the relief of quashing of the entire proceedings. Thus, the relief of of quashing of entire proceedings is dismissed as not pressed. Learned counsel for the applicant submits that the impugned order has been passed by the court without satisfying itself that the summon and other process for attendance has been served and without issuing any summon or bailable warrant, direct N.B.W. has been issued. It is further submitted that applicant was on bail at the time of issuing non-bailable warrant. Learned counsel for the applicant further submitted that the impugned order has been passed against position of law. It is further submitted that it is a settled position of law that non- bailable warrant should be issued as a last resort after the litigants failed to respond to notice, summons and bailable warrants. It is further submitted that order of the non-bailable warrant has been passed without satisfying the service of summons or bailable warrants itself and reason to believe from absconding the process of the court. Learned A.G.A. as well as learned counsel for the opposite party No. 2 have opposed the application. Considering submissions of learned counsel and perusing record, the instant application u/s 482 Cr.P.C. is finally disposed of with a direction that in case applicant appears before the court below within three weeks from today and applies for bail/recall of non bailable warrant, his application shall be decided in the light of the observations made in the judgments rendered by the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation & Another, (2021) 10 SCC 773, Siddharth Vs. The State of Uttar Pradesh & Another 2022 (11) SCC 676 and Aman Preet Singh Vs. C.B.I. through Director 2021 SCC Online SC 941. For a period of three weeks from today or till applicant appears before the court below, whichever is earlier, execution of non bailable warrant against the applicant shall be kept in abeyance. Order Date :- 7.5.2025 Akram Digitally signed by :- MOHAMMAD AKRAM High Court of Judicature at Allahabad